Remedy Selection Between Anti-Retaliation Law and Whistleblower Act
In City of LaPorte v. Barfield, 898 S.W.2d 288, 291 (Tex. 1995), the supreme court ultimately concluded that the legislature waived immunity to Anti-Retaliation suits by providing for an election of remedies between the Anti-Retaliation Law and the Whistleblower Act, for which immunity had clearly been waived. See Barfield, 898 S.W.2d at 298.
The court decided that "it would make little sense to require an employee to elect between an action barred by immunity and one not barred." Id.
Having evaluated and rejected a number of possible arguments for waiver, the court specifically stated that it was persuaded by this election of remedies provision. See id.